K SHANMUGAM AND ORS Vs. JAYAKUMAR AND ORS

JUDGEMENT

(1.) On 30.09.2006, at about 8.00 p.m., when the deceased was proceeding on his bicycle on the Coimbatore Main road, the respondent's bus driver drove the bus in a negligent manner and dashed it against the (deceased). As a result, the (deceased) had sustained injuries and succumbed to it. Hence, the parents of the deceased have filed the claim against the respondents.

(2.) The State Transport Corporation had filed a counter statement and resisted the claim petition. The respondent submitted that the deceased, had all of a sudden, attempted to cross the road, without noting the respondent's bus and as a result, he fell down under the bus. The respondent further submits that the deceased had invited the accident by his negligence. The averments in the claim regarding age, income and occupation of the deceased was also not admitted.

(3.) On considering the averments of both the parties, the Tribunal had framed two issues namely: (1) Whether the accident had been committed by the rash and negligent driving by the driver of the bus and (2) Whether the claimants are entitled to get compensation On the side of the claimants, 4 witnesses were examined and 14 documents were marked namely F.I.R.; Ration Card; Identity Card; Educational qualification certificates; Postmortem report; Observation mahazar; Motor Vehicle Inspector's report; Charge sheet; Rough sketch; and Death Certificate. PW1 had adduced evidence that when his son Karthik was proceeding on his bicycle, on 30.09.2006, at about 8.00 p.m., on the Coimbatore Main Road, the respondent's bus driven by its driver in a negligent manner, had dashed against his son. PW2, the eyewitness of the accident had also adduced evidence on the same lines of PW1 regarding manner of accident. PW2 further deposed that the driver of the bus bearing Registration No.TN-38-N-0908 had attempted to overtake a lorry proceeding ahead of it and as a result, the bus had dashed against the cyclist. PW3 and PW4 had adduced evidence that the deceased was studying and that he was doing welding work. PW1 further stated that his son was aged 18 years and he was doing his I.T.I. course at G.K.D. Institute of Technological and Resources. He further stated that he lost his only son in the said accident.